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STATE v. BURNETT

No. 00-266.

93 Ohio St.3d 419 (2001)

THE STATE OF OHIO, APPELLEE, v. BURNETT, APPELLANT.

Supreme Court of Ohio.

Decided October 17, 2001.

Attorney(s) appearing for the Case

Fay D. DuPuis, City Solicitor, Terrence R. Cosgrove, Cincinnati City Prosecutor, and Jennifer Bishop, Assistant Prosecutor, for appellee.

Bruce F. Thompson, Hamilton County Public Defender's Office, for appellant.

Raymond Vasvari and Bernard F. Wong, urging reversal for amicus curiae, the American Civil Liberties Union of Ohio Foundation.

MOYER, C.J.

On August 7, 1996, appellee, the city of Cincinnati, passed Ordinance No. 229-1996. The ordinance enacted Chapter 755 of the Cincinnati Municipal Code, which established drug-exclusion zones within the city. In passing the ordinance, the city council stated that certain areas of the city have a higher incidence of drug-related activity, which leads to the degradation of those areas. Ordinance No. 229-1996, Section 1(A). Further, the city council...

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